IMMIGRATION CONSULTANTS OF CANADA

REGULATORY COUNCIL

AGENTS REGULATION
April 2013

Agents Regulation
Table of Contents

UPDATES TO SECTION .............................................................................................................................................. 3

SECTION 1: PURPOSE ............................................................................................................................................... 4
SECTION 2: DEFINITIONS .......................................................................................................................................... 4
SECTION 3: INTERPRETATION ................................................................................................................................... 5
SECTION 4: EXPECTATIONS ....................................................................................................................................... 5
SECTION 5: GENERAL CONTENT ............................................................................................................................... 6
SECTION 6: CHANGES TO THE ORIGINAL AGENT AGREEMENT ................................................................................ 6
SECTION 7: ETHICAL DIRECTION ............................................................................................................................... 7
SECTION 8: FEES FOR SERVICES ................................................................................................................................ 7
SECTION 9: CLIENT RECORDS.................................................................................................................................... 7
SECTION 10: EXPENSES ............................................................................................................................................. 7
SECTION 11: PROMOTION ........................................................................................................................................ 7
SECTION 12: CONFIDENTIALITY ................................................................................................................................ 7
SECTION 13: CONFLICT OF INTEREST ....................................................................................................................... 8
SECTION 14: ISSUE OF DISPUTE ................................................................................................................................ 8
SECTION 15: TERMINATION...................................................................................................................................... 8

UPDATES TO SECTION
Listing by dates:
Date: 15 April 2013
Section 2.i was amended to enhance the definition of a designate:
i.

Designate means an individual who has been given authority, in writing, by the Client to act on his or
her behalf in dealings with the Member. The client must specify what duties are being conferred to the
designate and the duration of the authority. A designate shall not be compensated by the client or the
Member, for acting in the capacity as designate.

Section 1 PURPOSE
The purpose of this Regulation is to set out the nature of the working relationship between the Member and
his or her Agent, to articulate the rules that guide and govern that relationship, and to make clear each partys
responsibilities.

Section 2 DEFINITIONS
In this Regulation:
a. Agent means a person or company who:
i. does not provide immigration advice for a fee in contravention of Immigration and Refugee
Protection Act (IRPA);
ii. represents an ICCRC member in furtherance of the members practice;
iii. solicits or facilitates business in connection with the ICCRC members practice;
iv. is registered, or required to be registered, as an Agent pursuant to ICCRCs By-law;
and for greater certainty, Agent does not include an individual who merely refers a Client to a
member but does not otherwise take any part in a proceeding or application, or potential
proceeding or application, under the IRPA.
b. Agent Agreement means the contract between a Member and an Agent that sets out the terms of
the business arrangement between them.
c. By-law means the by-law of the Council.
d. Client means a person whose interests the Member undertakes to advance, for a fee or other
consideration, or pro bono regarding a proceeding or application, or potential proceeding or
application, under the Immigration and Refugee Protection Act. In cases pertaining to Labour Market
Opinions, some Provincial Nominee Program applications, or Arranged Employment Opinions, Client
means the entity or person whose interests the Member undertakes to advance, for a fee or other
consideration, or pro bono, regarding a proceeding or application, or potential proceeding or
application.
e. Client Property means original documents and documents prepared for the Clients benefit which the
Member has been retained by the Client to prepare. Client Property includes, but is not limited to, all
original documentation belonging to the Client; all documents, information, and data provided to the
Member, or to the Members Agent, by the Client, or his or her Designate, prior to or after the signing
of the Retainer Agreement; the Retainer Agreement; the Initial Consultation Agreement; documents
produced by the government or any other third party (e.g., letters) in connection with the Retainer
Agreement; and all documents or other property the Member was retained to prepare in connection
with the Retainer Agreement.
f.

Client Records means documents that provide evidence of activities performed, events occurred,
results achieved, or statements made as a result of the Initial Consultation Agreement and / or the
Retainer Agreement.
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g. Company means any legal entity which may include a corporation or partnership.
h. Council means the Immigration Consultants of Canada Regulatory Council/Conseil de rglementation
des consultants en immigration du Canada.
i.

Designate means an individual who has been given authority, in writing, by the Client to act on his or
her behalf in dealings with the Member. The client must specify what duties are being conferred to the
designate and the duration of the authority. A designate shall not be compensated by the client or the
Member, for acting in the capacity as designate.

j.

Employee means a person who is in an employee / employer relationship with an ICCRC Member,
excluding another ICCRC Member.

k. Member means any individual who is admitted as a member of the Council in accordance with the
By-law. A Member is a Regulated Canadian Immigration Consultant (RCIC).
l.

Retainer Agreement means the contract between a Member and the Client, or his or her Designate,
that sets out the terms of the business arrangement between them.

Section 3 INTERPRETATION
If there should arise any conflict between this Regulation and any of the Councils By-law, the Councils By-law
will prevail.

Section 4 EXPECTATIONS
i.

Every Member of the Council who has an Agent must register the Agent with the Council by providing
the following information promptly and in no event later than thirty (30) calendar days of engaging an
Agent:
a. Agents first and last name;
b. Agents Company name, if applicable;
c. Business address of the Agent (street, city, province, country, postal code);
d. Agents business phone number; and
e. Date Agent was engaged by the Member.

ii.

Further to subsection (i), a Member must inform the Council of any changes to the Agents
information.

iii.

iv.

Every Member of the Council who has an Agent must inform ICCRC promptly and in no event later than
thirty (30) calendar days after the date the Agent resigned or was terminated. Similar information
identified in subsection (i) is required for de-registration.
Further to subsections (i) and (iii), Members must send the required information to info@iccrc-crcic.ca.

v.

A Member who engages an Agent must enter into an Agent Agreement with the Agent that describes
the scope of services and working relationship between the Agent and the Member.

vi.

Where the Member engages a Company as the Agent, the Agent Agreement will be between the
Member and the Company.

Section 5 GENERAL CONTENT

i.

A Member working with an Agent must ensure the Agent Agreement clearly identifies the:
a. Agent;
b. Name, address and telephone number of the Member and the Agent;
c. Agents responsibilities and commitments;
d. Members expectations of the Agent; and
e. Members responsibilities.

ii.

An Agent Agreement must be dated and signed by the Member and the Agent at the time the Agent is
engaged and before the Agent commences working for the Member.

iii.

A Member must provide a copy of the Agent Agreement to the Agent and retain a copy for his / her
file.

iv.

Further to Section 5(i), a Member must clearly identify what services the Agent cannot provide to a
Client or his or her Designate (e.g., provide immigration advice, etc.).

v.

An Agent Agreement must specify the duration of the engagement.

vi.

A Member is responsible for ensuring that the Agent complies with the Councils By-law, Code of
Professional Ethics, and Regulations.

Section 6 CHANGES TO THE ORIGINAL AGENT AGREEMENT

i.

Any changes or edits made to the Agent Agreement after the document is originally signed must be
mutually agreed upon in writing.
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ii.

All changes or edits should be initialled by the Member and the Agent.

Section 7 ETHICAL DIRECTION

i.

A Member must inform the Agent of the relevant sections of the Councils By-law, Code of Professional
Ethics, and Regulations pertaining to the responsibilities of an Agent and the Members responsibilities
to the Council.

Section 8 FEES FOR SERVICES

i.

A Member must include and clearly identify in the Agent Agreement:

a. How and when the Agent will be compensated (e.g., commission, pro-rated targeted base, bill
by the hour, flat fee billing with payment by milestones or predetermined dates); and
b. The method of payment (e.g., wire transfer, etc.).

Section 9 CLIENT RECORDS AND CLIENT PROPERTY

i.

A Member must identify in the Agent Agreement that the Agent is responsible for forwarding all Client
Records and/or Client Property upon receipt or creation.

ii.

A Member must identify in the Agent Agreement how Client Records and/or Client Property will be
delivered to the Member (e.g., mail, courier, email, etc.).

Section 10 EXPENSES
i.

An Agent Agreement must specify who will cover expenses incurred by either party (e.g. travel,
promotions, etc.).

Section 11 PROMOTION
i.

Where applicable, a Member must identify in the Agent Agreement what promotional activities the
Agent may undertake to further the Members practice, pursuant to Article 16 of the Code of
Professional Ethics.

Section 12 CONFIDENTIALITY
i.

A Member must include a statement in the Agent Agreement that outlines how the Agent will protect
the Clients personal information and records.
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Section 13 CONFLICT OF INTEREST

i.

A Member must clearly identify in the Agent Agreement what action will be taken in the event that a
conflict of interest relating to the Agent is identified by the Member.

Section 14 ISSUES OF DISPUTE

i.

A Member must include in the Agent Agreement:

a. A statement about the relationship between the Member and the Council;
b. The agreed upon process the Agent and the Member must undertake to resolve a dispute; and
c. Contact information of the Council should the Agent wish to file a complaint if a dispute related
to the Code of Professional Ethics, remains unresolved.

Section 15 TERMINATION
i.

A Member must terminate the Agent Agreement if he / she has reasonable grounds to believe that the
Agent has engaged in any illegal activities which would make the Agent unsuitable to continue to
discharge his / her duties outlined in the Agent Agreement.

ii.

A Member must specify in the Agent Agreement when he / she or the Agent can terminate the
Agreement.

iii.

A Member must specify in the Agent Agreement what happens in the event the Agent or the Member
terminates the Agent Agreement.

iv.

A Member must identify in the Agent Agreement what the financial implications are in the event the
Member or the Agent terminates the Agent Agreement.

v.

A Member must include a statement in the Agent Agreement directing the Agent to deliver all Client
Records and Client Property to the Member upon termination.